Positive Practices: Job Descriptions are Critical to the Accommodation Process for Disabled Employees
HR Case Study Question: How can Job Descriptions improve the Accommodation Process for Disabled Employees under the Americans with Disabilities Act as Amended?
Workplace Scenario to Manage
Greg is a fifty-four-year-old civil engineer at a mid-sized engineering firm who has been employed for 12 years but in recent months has used up all of his sick leave due to the resurgence of his multiple sclerosis symptoms. Greg admits that in the last 18 months he has tried to hide the severity of his symptoms by spending long hours at home completing his work assignments during the evenings and weekends, something that is not exactly in his job description. Even so, Greg continues to fall behind and the stress of the work’s fast pace is contributing to his escalating emotional and physical deterioration. Frustrated and scared, Greg finally initiated a conversation with his manager who was just about to call Greg into a private meeting to inquire about his recent lack of productivity.
The two talked at length about Greg’s struggle to complete his work promptly and how it related to his multiple sclerosis. They discussed possible solutions back and forth. Greg’s employer, supportive as he is to Greg’s struggles, decided he needed time to study Greg’s job description before making a decision about how to provide reasonable accommodations in the workplace for Greg without forfeiting productivity (profitability). As soon as Greg’s manager pulled out Greg’s job description a number of possible alternatives came to mind. He (Greg’s manager) was fortunate that after an in-depth analysis, the Human Resources department had recently updated all of the company’s written job descriptions. In the current situation, this vital job descriptions document provided Greg’s manager and the HR department with the necessary information about Greg’s essential job functions. They would need these specifics in order to design an accommodation process for disabled employees like Greg.
Regulations to Navigate
Since Greg works for an employer with 15 or more employees, the firm is subject to the ADAAA (Americans with Disabilities Act as Amended). His employer is required to provide a reasonable accommodation for a disabled employee if the accommodation will enable them to perform the essential functions of their job description. Reasonable means that the accommodation is not an “undue hardship” for the employer to provide.
This is where it gets tricky. Defining “reasonable accommodation” and “undue hardship” is complicated and is always determined on a case-by-case basis. While HR professionals and managers can find examples of reasonable accommodations in the literature and in case law, their particular set of circumstances will always be unique. The scenario of Greg the engineer, gives a perfect example of the need for employers to have specific and detailed written job descriptions on hand for occasions such as this. Job descriptions that clearly define “essential functions” are critical to successfully navigating the accommodation process. Without job descriptions at the ready, employers must go through the rigorous and time consuming process of developing this written document while under the pressure of an already time sensitive environment and an employee in distress.
Solution to Consider
While an employer is required to come up with an accommodation process for disabled employees that is reasonable, it does not necessarily have to choose an accommodation that the employee suggests. However, it is often the employee who can come up with the best solution. In this case, Greg’s employer could consider adopting the pattern Greg has already instituted for himself with some success. Since Greg has proven he can work at home, his employer might amend the job descriptions to allow Greg to come to the office only two days per week and do the remainder of his projects in the privacy of his home office allowing Greg to take breaks as needed and working into the evening as necessary. His employer’s biggest obstacle is determining whether or not Greg can continue to shoulder the current workload as he has in the past. Here again, reviewing the job description will assist Greg’s employer in deciding which non-essential functions could be eliminated or delegated to another position’s job description. They could also restructure his work in such a way that stressful or demanding project deadlines be reduced by breaking up the work into smaller segments that are less likely to overwhelm Greg.
Greg was relieved when his manager assured him he would work with him to find a viable solution. All changes in Greg’s job description would be in writing, with the understanding that the manager, HR, and Greg would review the accommodation plan again after a three-month trial period.
Case study written by Michele Howe – HR Advocate contributor
If your organization needs assistance writing effective job descriptions, contact us at HR Advocate today. HR Advocate offers training solutions to help support the accommodation process for disabled employees.